The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3129
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2023
                                ___________
 
 Introduced  by Sens. MANNION, ADDABBO, HELMING -- read twice and ordered
   printed, and when printed to be committed to the Committee  on  Educa-
   tion
 
 AN  ACT  to  amend  the education law, in relation to allowing for unli-
   censed personnel to administer seizure rescue medication

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1  of  section  921 of the education law, as
 amended by chapter 339 of the laws  of  2021,  is  amended  to  read  as
 follows:
   1.  The  board  of  education  or trustees of each school district and
 board of cooperative educational  services  and  nonpublic  schools  are
 authorized,  but  not obligated to have licensed registered professional
 nurses, nurse practitioners, physician assistants, and physicians  train
 unlicensed   school  personnel  to  administer  prescribed  glucagon  or
 epinephrine auto injectors, OR ADMINISTER DIAZEPAM  OR  MIDAZOLAM  NASAL
 SPRAY  in  emergency  situations, where an appropriately licensed health
 professional is not available, to pupils who have the written permission
 of a physician or other duly authorized health  care  provider  for  the
 administration of glucagon [or], emergency epinephrine auto injector, OR
 DIAZEPAM  OR MIDAZOLAM NASAL SPRAY, along with written parental consent,
 during the school day on school property and at any school  function  as
 such  terms  are  defined,  respectively, by subdivisions one and two of
 section eleven of this chapter. Training must be provided by a physician
 or other duly authorized licensed health care professional in  a  compe-
 tent manner and must be completed in a form and manner prescribed by the
 commissioner in regulation.
   § 2. The education law is amended by adding two new sections 902-c and
 916-c to read as follows:
   §  902-C.  TREATMENT  OF  STUDENTS  DIAGNOSED  WITH EPILEPSY BY SCHOOL
 PERSONNEL. 1.   LICENSED NURSES, NURSE PRACTITIONERS, PHYSICIAN  ASSIST-
 ANTS,  OR  PHYSICIANS EMPLOYED BY  SCHOOL DISTRICTS OR BOARDS OF COOPER-
 ATIVE EDUCATIONAL SERVICES SHALL BE AUTHORIZED TO ADMINISTER  PRESCRIBED
 DIAZEPAM  OR  MIDAZOLAM  NASAL  SPRAY,  TO TEACH AN UNLICENSED PERSON TO
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04894-01-3
 S. 3129                             2
 
 ADMINISTER A DIAZEPAM OR MIDAZOLAM NASAL SPRAY TO AN INDIVIDUAL, AND  TO
 PERFORM  OTHER  AUTHORIZED SERVICES PURSUANT TO THE SCOPE OF PRACTICE OF
 THE LICENSED INDIVIDUAL UNDER TITLE EIGHT OF THIS CHAPTER, TO PUPILS WHO
 HAVE RECEIVED WRITTEN PERMISSION BY A PHYSICIAN OR OTHER LICENSED HEALTH
 CARE  PROVIDER  AND WRITTEN PARENTAL CONSENT TO CARRY AND USE A DIAZEPAM
 OR MIDAZOLAM NASAL SPRAY PURSUANT TO SECTION NINE HUNDRED  SIXTEEN-C  OF
 THIS  ARTICLE DURING THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL
 FUNCTION. NOTHING IN THIS SECTION SHALL AUTHORIZE UNLICENSED PERSONS  TO
 PERFORM  THESE  SERVICES  EXCEPT  AS OTHERWISE PERMITTED BY SECTION NINE
 HUNDRED TWENTY-ONE OF THIS ARTICLE.
   2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
 A RESULT OF ANY HARM OR INJURY SUSTAINED BY  A  PUPIL  OR  OTHER  PERSON
 CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE WITH THIS SECTION.
   §  916-C.  PUPILS WITH EPILEPSY. 1. THE BOARD OF EDUCATION OR TRUSTEES
 OF EACH SCHOOL DISTRICT AND BOARD OF  COOPERATIVE  EDUCATIONAL  SERVICES
 SHALL  ALLOW PUPILS WHO HAVE BEEN DIAGNOSED BY A PHYSICIAN OR OTHER DULY
 AUTHORIZED HEALTH CARE PROVIDER WITH  EPILEPSY  TO    CARRY  AND  USE  A
 PRESCRIBED  NASAL  SPRAY  FOR THE EMERGENCY TREATMENT OF SEIZURES DURING
 THE SCHOOL DAY ON SCHOOL PROPERTY AND AT ANY SCHOOL  FUNCTION  WITH  THE
 WRITTEN  PERMISSION  OF A PHYSICIAN OR OTHER DULY AUTHORIZED HEALTH CARE
 PROVIDER, AND WRITTEN PARENTAL CONSENT.  THE  WRITTEN  PERMISSION  SHALL
 INCLUDE  AN  ATTESTATION  BY  SUCH  PHYSICIAN  OR  HEALTH  CARE PROVIDER
 CONFIRMING: (A) THE PUPIL'S DIAGNOSIS OF EPILEPSY FOR WHICH  A  DIAZEPAM
 OR  MIDAZOLAM  NASAL  SPRAY IS NEEDED; AND (B) THAT THE PUPIL HAS DEMON-
 STRATED THAT HE OR SHE CAN SELF-ADMINISTER THE  PRESCRIBED  DIAZEPAM  OR
 MIDAZOLAM  NASAL  SPRAY  EFFECTIVELY. SUCH WRITTEN PERMISSION SHALL ALSO
 INCLUDE THE CIRCUMSTANCES WHICH MAY WARRANT THE USE  OF  A  DIAZEPAM  OR
 MIDAZOLAM  NASAL SPRAY. A RECORD OF SUCH CONSENT AND PERMISSION SHALL BE
 MAINTAINED IN THE STUDENT'S CUMULATIVE HEALTH RECORD. IN ADDITION,  UPON
 THE  WRITTEN  REQUEST  OF  A  PARENT OR PERSON IN PARENTAL RELATION, THE
 BOARD OF EDUCATION OR TRUSTEES OF A SCHOOL DISTRICT AND  BOARD OF  COOP-
 ERATIVE  EDUCATIONAL  SERVICES  SHALL  ALLOW  SUCH PUPILS TO MAINTAIN AN
 EXTRA DIAZEPAM OR MIDAZOLAM NASAL SPRAY FOR THE EMERGENCY  TREATMENT  OF
 SEIZURES  IN THE CARE AND CUSTODY OF A LICENSED NURSE, NURSE PRACTITION-
 ER, PHYSICIAN ASSISTANT, OR PHYSICIAN EMPLOYED BY SUCH DISTRICT OR BOARD
 OF COOPERATIVE EDUCATIONAL SERVICES, AND SHALL BE READILY ACCESSIBLE  TO
 SUCH  PUPIL.  NOTHING IN THIS SECTION SHALL REQUIRE A SCHOOL DISTRICT OR
 BOARD OF COOPERATIVE  EDUCATIONAL SERVICES TO RETAIN A  LICENSED  NURSE,
 NURSE  PRACTITIONER,  PHYSICIAN  ASSISTANT,  OR PHYSICIAN SOLELY FOR THE
 PURPOSE OF TAKING CUSTODY OF A SPARE DIAZEPAM OR MIDAZOLAM  NASAL  SPRAY
 FOR  THE  EMERGENCY  TREATMENT  OF  SEIZURES, OR REQUIRE THAT A LICENSED
 NURSE, NURSE PRACTITIONER, PHYSICIAN ASSISTANT, OR PHYSICIAN  BE  AVAIL-
 ABLE AT ALL TIMES IN A SCHOOL BUILDING FOR TAKING CUSTODY OF THE DIAZEP-
 AM  OR  MIDAZOLAM  NASAL  SPRAY.  IN ADDITION, THE DIAZEPAM OR MIDAZOLAM
 NASAL SPRAY PROVIDED BY THE  PUPIL'S  PARENTS  OR  PERSONS  IN  PARENTAL
 RELATION  WILL  BE  MADE  AVAILABLE TO THE PUPIL AS NEEDED IN ACCORDANCE
 WITH THE SCHOOL DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES'
 POLICY AND THE ORDERS PRESCRIBED IN THE WRITTEN PERMISSION OF THE PHYSI-
 CIAN OR OTHER AUTHORIZED HEALTH CARE PROVIDER.
   2. A SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES AND/OR
 THEIR AGENTS OR EMPLOYEES SHALL INCUR NO LEGAL OR FINANCIAL LIABILITY AS
 A RESULT OF ANY HARM OR INJURY SUSTAINED BY  A  PUPIL  OR  OTHER  PERSON
 CAUSED BY REASONABLE AND GOOD FAITH COMPLIANCE WITH THIS SECTION.
   § 3. This act shall take effect immediately.